Legal Question in Wills and Trusts in Missouri

In 2010 my dad passed away and left his house to my sister and myself. We tried to sell same with no avail. I decided to move in and occupy the house with my family. House had no incumberances against it and my sister did no want to occup it, wanted only her 50% interest min dollars, which we agreed would be $25,000 for her. I was to get a reverse mortgage so I could buy her out. It was going to take about 6 months for me to establish residensy. At 1st she was willing to wait, now she is more impatient and wants mto put the house some kind of short or quick sale for sale to the highest bidder. My question is this: Can she do this and is there anything I can do to prevent this?

Thank you for your time. My email address is [email protected] and my name is Allen.


Asked on 4/06/11, 1:59 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Assuming that the house passed to you and yrou sister through the probate court or by TOD or beneficiary deed, it matters in what capacity you two were given the house. (i.e. joint tnenants, tenants in common, etc) If you two do not work out an agreement, your sister may be able to force a partition through the court. That may result in a froced sale, but nto necesarily. Perps if you start paying your sister one half the fair market rent, she will become more patient.

Good luck

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Answered on 4/08/11, 6:02 am


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